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Obama - videovecka 70 20100522
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"It is undisputed that Bagram, indeed the entire nation of Afghanistan, remains a theater of war," sa Chefsdomare David Sentelle.
The ruling, unless overturned by the Supreme Court, appears to the give the Obama administration what the George W. Bush administration had long sought: a place where foreign prisoners can be held by the military out of reach of lawyers and courts.
For months, the Obama administration has debated plans to use Bagram as an alternative to Guantanamo for a small number of prisoners caught outside Afghanistan. Currently, only a dozen or fewer of the Bagram prisoners are foreign fighters, Defense Department officials have said. But that number soon could grow.
The court decision came a day after the House Armed Services Committee voted to block the administration from retrofitting a state prison at Thomson, Ill., to hold high-value prisoners from Guantanamo.
The administration still hopes to transfer the several dozen remaining prisoners from Guantanamo, but it will need approval from Congress. At the same time, at least 645 prisoners are held at the Bagram prison, most connected to the war in Afghanistan.
"Just because the plane landed at Bagram instead of Guantanamo should not mean they can be held indefinitely without any court review," sa Andrea Prasow, advokat för Human Rights Watch.
After 2001 and the launch of war in Afghanistan, the Bush administration sent hundreds of foreign prisoners from Afghanistan, Pakistan and the Mideast to the U.S. Naval Base at Guantanamo Bay, Cuba, believing they could be held there and questioned out of reach of lawyers or courts.
But lawyers went to the Supreme Court arguing that long-term prisoners had a right to plead their innocence before an independent judge. They decried Guantanamo as a "law-free zone."
They won a series of victories at the Supreme Court, including a 5-4 ruling in 2008 that said the Constitution gave these prisoners a right to habeas corpus because Guantanamo was thousands of miles from a battlefield and had been occupied as sovereign U.S. territory for a century. At the same time, the justices said this right to a court hearing did not extend to battlefields or war zones.
Afterward, the Bush administration insisted the right to habeas corpus did not extend to Iraq or Afghanistan. And in 2009, the Obama administration adopted the same view.
A federal judge in Washington ruled that prisoners who were shipped to the Bagram prison from other countries had a right to challenge their detention, just like the prisoners who were sent to Guantanamo.
The Obama administration appealed and won a reversal in Friday's decision.
"We moved this through a technology that we know works, and it's prepared to go out and solve problems, not talk about them," sa Costner och fortsatte:
"I just am really happy that this has come to the light of day. I'm very sad about why it is, but this is why it was developed, and like anything that we all face as a group, we face it together."